We have been married 31 years. I work and my husband is retired. Would I be entitled to his retrement plan after divorce, and still after he dies? I always wanted my own retirement plan, but he canceled all the insurance policies in my name. I'd appreciate any advice, pref. from a lawyer. Just need to know this before I take any further steps.
It may be important to know that I earn very well, but still have nothing for retirement, because my husband was responsible for that. I payed off the house, and all other expenses.
Thank you so much.
2006-10-12 10:05:58 · 21 answers · asked by bluebyou 4 in Family & Relationships ➔ Marriage & Divorce
yes you are entitled to part of his retirement and he is also entitled to yours. Often when couples divorce they agree to forfeit delving into each others retirements. But if you stand to lose a lot, don't forfeit your rights. Your attorney is the best person to consult on this matter.... Don't sign anything you don't fully understand...
2006-10-12 10:20:19 · answer #1 · answered by easinclair 4 · 1⤊ 0⤋
Is it a retirement plan from the military? If it is, after 10 years you are entitled to half. A lawyer will tell you that if you don't have assets to match his and you were married 31 years, you are indeed entitled to a portion of his retirement. The courts would decide how much.
GOLD DIGGER? ARE YOU PEOPLE ON CRACK? They were married 31 years!!
2006-10-12 10:09:05 · answer #2 · answered by WiserAngel 6 · 0⤊ 0⤋
I know that those withing the military and also government workers who divorce after 10 years of marriage the spouse is entitled to 1/2 of the retirement whether he/she works or not.
2006-10-12 14:24:32 · answer #3 · answered by GrnApl 6 · 0⤊ 0⤋
You are entitled to 50% of the assets accumulated during your marriage, which would include his retirement beneifts; half of them anyways.
This will all be addressed during the property settlement phase of the divorce; you guys will sit in a room with your lawyers and decide who gets what.
Hope this helps, and sorry to hear of the marital troubles :(
2006-10-12 10:10:26 · answer #4 · answered by Anonymous · 1⤊ 0⤋
it depends on if you decide to leave it alone or go for it. when i got divorced, we agreed that if he wouldn't touch mine, i wouldn't touch his. Retirement that is! ha! It was foolish of you not to have put even a small chunk to the side for yourself, or even to have set something up in your name without him knowing. I guess people learned the hard way, and you did. Start planning more for your future now. Maybe invest that money you get for half his retirement into your own retirement.
2006-10-12 11:04:23 · answer #5 · answered by dixiepixie1976 2 · 0⤊ 0⤋
Yes you are and you will need a good lawyer who has a reputation for assisting women. A few thousand to a lawyer now is money in the bank for your later years. I believe here it is called a Qualified Domestic Relations Order. Best of luck to you!
2006-10-12 10:11:23 · answer #6 · answered by whrldpz 7 · 1⤊ 0⤋
Well it is a fine time to think about it now.
31 years and he dominated you to leave off your retirement.
You never discussed things with your girl friends?
No I can't really accept this,
Women suffrage has long past, only a fool works and has no plans for retirement or the end. Your a fool!
You make good money know your rights before you are stupid again. get you lawyer and ASK your girl friends who is good.
Your not a gold digger to ask to be treated fair HAVE a lawyer.
2006-10-12 10:20:37 · answer #7 · answered by Anonymous · 0⤊ 2⤋
My neighbor divorced before we moved in, when her ex retired, her lawyer got a portion of it sent to her. I am not sure how or what so do not take that for gold.
2006-10-12 10:15:57 · answer #8 · answered by wallcritter 3 · 0⤊ 0⤋
I think in most states you are entitled to some. There will be a formula derived from both of your incomes. Since my ex didn't work I gave up half of mine.
2006-10-12 10:19:59 · answer #9 · answered by Use another Nickname 2 · 0⤊ 0⤋
It depends upon the type of retirement. I know that I had to have my exhusband sign OFF of my retirement (no claim to it) when we divorced or he would have gotten half....
2006-10-12 10:08:42 · answer #10 · answered by Elizabeth L 5 · 0⤊ 0⤋